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U.S. v. RIVERA-CONSTANTINO

No. 14-10314.

798 F.3d 900 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Manuel RIVERA-CONSTANTINO, aka Juan Rivera-Constantino, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2015.

Attorney(s) appearing for the Case

Saul M. Huerta , Tucson, AZ, for Defendant-Appellant.

Robert L. Miskell , Assistant United States Attorney, and John S. Leonardo , United States Attorney, Tucson, AZ, for Plaintiff-Appellee.

Opinion by Judge CLIFTON; Dissent by Judge PAEZ.

OPINION

This sentencing appeal requires us to answer the following question: Is a federal drug trafficking conspiracy conviction a conviction for conspiracy to commit a drug trafficking offense? Or, to put it more precisely, does a prior federal conviction for conspiring to possess marijuana with intent to distribute...

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